Legal Question in Personal Injury in California

On July 3rd of this year I was the passenger on a motorcycle. The driver of the motorcycle wreaked a short distance away from my home injuring both of us. No police report was made. We were following friends in a car & the occupants drove us to the hospital & arranged for another friend to pick up the bike. We both went through several days of varing degrees of treatment. During this time, which spanned a few weeks, he claimed he would most certainly pay for all my medical bills. He insisted he had medical coverage on the bike & that would take care of everything. Well he turned in bogus insurance info to the hosptal. Following that he gave myself & the hospital his bike insurance info instead of blue cross. I spoke with this insurance company. Only after I gave my statement about the accident did they inform me he had no medical on the bike. So I contacted him & he insists he does & the insurance company & he are figuring it out. I have had no luck in getting any more info from him nor have I been able to reach any monetary agreement or even compromise. I am now over 3,000 in debt not even including time off work & medications. WHAT DO I DO???

Asked on 10/23/10, 3:38 pm

5 Answers from Attorneys

Rivers Morrell Law Firm of Rivers J. Morrell III

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You need to contact an attorney. If the driver of the bike had no insurance, then you might want to consider presenting an Uninsured Motorist claim against your own insurance company. If the owner of the bike does have liability insurance, then you can file a claim against him, and he will turn that over to his insurance company. I am assuming that the driver/owner was negligent, and was the cause of the accident. If there was someone else involved, and they were the cause of the accident, then a claim needs to filed against that person. Although one may not have "med pay" coverage, that does not mean that he did not have liability coverage. Based on what you are saying, it is unclear if he had liability coverage.

Answered on 10/28/10, 4:01 pm

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Richard T. Rosenstein, Esq. ROSENSTEIN LAW OFFICES 1-888-500-5291

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I am sorry to hear about your motorcycle accident.

I would be happy to provide you with a free telephone consultation to discuss the details of the matter.

You can contact me at your convenience.

Answered on 10/28/10, 4:04 pm

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Your "friend" is jerking you around. He doesn't need to have medical insurance for you to be covered. You are covered by his liablity insurance. If he did not have liability insurance you will have to sue him in Small Claims court. If you would like help with that, give me a call.

Answered on 10/28/10, 4:10 pm

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